Criminal Procedure Code, 1973, Section 154 -- FIR - Is never treated as substantive piece of evidence it can only be used for corroborating and contradicting its maker when he appears in the court as witness ...........
Indian Penal Code, 1860, Section 302, 323, 447, 147, 148, 149 -- Murder - Eye witnesses categorically stated that police personnel had accompanied accused and they were there throughout the incident - However, trial Court fails to get clarification from prosecution regarding said aspect - Injuries of PW2 have not been proved, as admittedly there was no injury report -..........
Indian Penal Code, 1860, Section 323, 384, 506 -- Offence u/ss 323, 384, 506 IPC - Time, place and manner of incident forthcoming from witnesses are not only consistent but also in tune with their respective statements recorded u/s 161 Cr.P.C - Nothing could be elicited by defence to shake the credibility of PWs - Version of informant is akin to FIR story as well as..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Secret information - Procedure to be followed - Procedure of making compliance u/s 42(2) of the Act, could be that on receiving of information in writing at Police Station, the real intimation of receiving of secret information and proceedings for conducting raid is required to be entered into DDR, vide a..........
Indian Penal Code, 1860, Section 306, 114, Criminal Procedure Code, 1973, Section 482 -- Abetment to suicide - Quashing - Deceased working as Manager at petrol-pump of accused - While working as Manager there was some malpractices and misappropriation done by deceased - Asking deceased about details of accounts does not amount to abetment to commit suicide - FIR and..........
Evidence Act, 1872, Section 154 -- Hostile witness - Corroborated part of evidence of a hostile witness regarding commission of offence is admissible - Merely because there is deviation from statement in FIR, witness's statement cannot be termed totally unreliable...........
Criminal Procedure Code, 1973, Section 157 -- Delay in sending FIR to Magistrate - Mere delay in sending FIR to Magistrate would not itself have a negative effect on the case of prosecution, unless serious prejudice is caused...........
Indian Penal Code, 1860, Section 498A, 306, 34 -- Cruelty - Abetment of suicide - Inordinate delay in lodging FIR not explained - Evidence relating to so called torture of deceased is not worthy of acceptance - If such evidence is taken away, then there remains nothing to even remotely suggest that accused persons had instigated deceased to such extent as would lead her to..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xii) -- Offence u/s 3(1)(xii) of SC/ST Act - Informant though not mentioned their caste in FIR - However, when accused had knowledge about caste of victim that she belongs to SC/ST, as he is residing in nearby vicinity and he has not taken defence that he was not aware of caste/tribe,..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Several doubts and inconsistencies in the prosecution's case, including the non-explanation of accused No.11 injuries and the delay in lodging the FIR - Names of accused Nos.8 to 10 were not mentioned in contemporaneous documents, raising the possibility of false implication - Considering these factors, the..........
